Chapter 13.44
UTILITY SERVICES

Sections:

13.44.010    Definitions.

13.44.020    Properties outside corporate limits and within proposed urban service area.

13.44.030    Properties outside corporate limits and proposed urban service area but within the planning study area.

13.44.010 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Sumner Development Specifications and Standard Details” means those standard specifications and details which have been prepared by the city engineer. These Development Specifications and Standard Details are applicable to public works construction, construction of systems that will be owned and/or maintained by the city, or construction of systems that will connect to the city’s system.

B. “Planning study area” means the geographic area established by the city of Sumner as reflected in the most current city of Sumner comprehensive plan.

C. “Proposed urban service area” means a geographic area defined as the portion of urban service area for the city of Sumner as established by the most recent Pierce County comprehensive plan and the area north of the Puyallup River and 78th Street as shown on Figure 1 attached to the ordinance codified in this chapter. (Ord. 2356 § 10 (part), 2011: Ord. 1698 § 1, 1995. Formerly 13.44.005)

13.44.020 Properties outside corporate limits and within proposed urban service area.

The city will not provide utility services to properties outside the city’s corporate limits, but within the city’s proposed urban service area, unless the property owner covenants and agrees as follows:

A. The owner will petition for annexation of the property to the city and give notice of intent to annex at the time their property is included within any area which is being considered for annexation by the city under terms and conditions established by the city through the public works department consistent with the provisions of this chapter set forth below.

B. The owner understands and agrees that upon annexation the property will be assessed and taxed at the same rate and on the same basis as property within the city is assessed and taxed, and to pay any outstanding indebtedness of the city contracted prior to or existing at the time of annexation.

C. The owners shall agree to design and construct all public improvements to meet or exceed the Sumner Development Specifications and Standard Details. The city’s public works department reserves its right to withhold providing sanitary sewer and water service until said public improvements have been constructed in accordance with said standards.

D. The owners shall agree to provide the city with Mylar-reproducible as-built construction drawings of said public improvements prior to initiating building construction on any lot within the proposed subdivision of the property.

E. The owners shall agree that development of the property will create significant impacts on the city including immediate impacts to the city’s streets, roads, and traffic system. The owners shall agree and covenant that they will participate in the cost of constructing required improvements determined to be necessary by the city. These actions must be completed to the city’s satisfaction prior to the city providing utility service to the subject property.

F. The owner shall agree to pay a proportionate share of all costs associated with the construction of said road and traffic system improvements as determined by the city. The method for determining the owners’ contribution toward the construction of said improvements shall be based upon a formula determined by the public works director.

G. The covenants and promises contained in such agreements shall run with the land and shall be binding upon all parties and their successors in interest having or acquiring any right, title or interest in the property and improvements described in any agreement.

H. The owners shall agree that should they fail to comply with any of the covenants of any agreements executed with the city, the city may at its sole cost and discretion terminate the city’s utility services.

I. The owners shall agree that the annexation areas shall be consistent with the city of Sumner comprehensive plan; provided, however, that the owners further agree that the city may withhold full implementation of the city of Sumner comprehensive land use plan map designations in its annexation zoning proposals in order to achieve a more orderly physical development pattern. (Ord. 2356 § 10 (part), 2011: Ord. 1698 § 2, 1995: Ord. 1493 § 1, 1992. Formerly 13.44.010)

13.44.030 Properties outside corporate limits and proposed urban service area but within the planning study area.

The city will not provide utility services to properties outside the city’s corporate limits and the proposed urban service area, but within the city’s planning study area, unless the property owner covenants and agrees to the terms, conditions and provisions listed under SMC 13.44.020, except subsections A, B and I. (Ord. 2356 § 10 (part), 2011: Ord. 1698 § 3, 1995. Formerly 13.44.015)